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HomeMy WebLinkAbout1991-12-17 Board of Selectmen Minutes Minutes of the Board of Selectmen Meeting December 17, 1991 -: The meeting was convened at 7: 34 p.m. in the Selectmen's Meeting Room, 16 Lowell Street, Reading, Massachusetts. Present were j Chairman Eugene Nigro, Vice Chairman Dan Ensminger, Secretary Sally Hoyt, Selectmen Russell Graham and George Hines, Town Manager Peter I. Hechenbleikner, and the following list of resi- dents: Joyce Ralph, Bill Hughes, Olive B. Hecht, William J. Hecht, W.L. Simpson, Jr. , Mark Gallant, Jonathan D. Fraser, Gary Demopoulos, Deirdre Hanley, Mike Cloonan, Ruth Warren, Bill War- ren, Dan Ross, Kevin Moran, Catherine Powell, and David Swyter. On motion by Ensminger, seconded by Hoyt, the minutes of December 3, 1991 were approved as submitted by a vote of 5-0-0. Liaison Reports George Hines indicated that he had attended the Budget Summit meeting, and one Ice Rink Siting Task Force meeting. They will be able to meet the February deadline with some significant addi- tional work. Sally Hoyt indicated that she had attended the Budget Summit meeting, the S.A.D.D. meeting, has heard from Warren Avenue resi- dents, commented on the successful grant application for the Senior Citizen Center, and congratulated those involved in the distribution of food and Christmas baskets. Dan Ensminger expressed thanks to the Town Hall staff for the. work on the Senior Citizen Grant, specifically Jonathan Edwards i and Lois Bond. He attended a Solid Waste Advisory Committee meeting, and the Budget Summit meeting. He has received concerns expressed from Haverhill Street residents about making this a no truck route. Russ Graham congratulated staff on the award of the grant and had no other report. Eugene Nigro also expressed congratulations to the staff on the Senior Citizen Grant. He reported that the FinCom Appointment Committee had appointed Bill Murphy to a term expiring 6-30-92 . The Town Manager introduced Bill Simpson, who in turn, introduced other members of the Military Family Support Group. A plaque commemorating Operation Desert Shield/Operation Desert Storm was presented to the Town for display in Town Hall. Mr. Simpson went on to thank the various civic organizations, businesses and in- dividuals who contributed to this support process. Gene Nigro expressed thanks to the Reading Police Association for their donations to various causes, and appreciation to Scott Whitman for his Eagle Scout project which was doing some modest exterior improvements to the former fire station. The appointments for the Board of Health and Registrar are held for future--action, -- because we have to wait for the fifteen (15) days posting period. Selectmen's Minutes - 12/17/91 - Page 2 The Town Manager indicated that he had received additional proposals for the fire truck,< and would be awarding the sale of the fire truck to Universal Truck & Equipment of Portsmouth, New Hampshire, in accordance with the recommendation of the Chief. Two other proposals were submitted after the deadline. The Town Manager discussed the requested parade permit by the Reading Clergy Association for the Twelfth Night Program. He in- dicated that we could not guarantee that there would be police protection for this event. On motion by Ensminger, seconded by Graham, the Board voted to approve a parade permit for January 5, as requested, with the understanding that the Town cannot guarantee adequate police protection for this event. The motion was approved by a vote of 5-0-0. George Hines reviewed his memo regarding vandalism. It was sug- gested that we involve the community, and specifically the School Department in developing an alternative to "pumpkining. " On mo- tion by Hines, seconded by Ensminger, a motion was approved as follows: Whereas respect for personal and public property is es- sential to maintain respect for personal rights and the pursuit of peace and happiness in our private homes and on our public ways and facilities it is the policy of the Board of' Selectmen that acts of vandalism of any type to private and public property will not be tolerated and that the public safety resources of the community will be directed toward prevention of such acts and any person apprehended in such, acts will be prosecuted to the fullest extent of the law. The motion was approved by a vote of 5-0-0. Mark Gallant and Jon Fraser from Star Enterprises d/b/a Reading Texaco on Walkers Brook Drive were present. They wish to renew the license to open their facility twenty-four hours a day. They have indicated that the facility will be open for business, will have fuel, rest rooms will be open, gas cans will be available for the motoring public, and a list of facilities that are open twenty-four hours a day and do repairs would also be posted. George Hines asked what this organization has done for the com- munity, and Mr. Fraser responded that they had donated to the Patrolmen's Association, they are currently undertaking a drive for donations to the Human Services Revolving Fund, and are con- sidering a car wash in 'the spring. Sally Hoyt also indicated that they will be hearing from the Reading Scholarship Founda- tion. On motion by Hoyt, seconded by Hines, the Board voted to close the hearing by a vote of 5-0-0 . On motion by Hines, - seconded by Hoyt, the Board voted to grant the request of Star Enterprises d/b/a Reading Texaco Station on Walkers Brook Drive to conduct business between the hours of 12 : 01 AM and 6 : 00 AM through December 31, 1992 , subject to the conditions that 1) the facility remain open, twenty-four hours per day, seven days per week; 2) the facility commit to having fuel available during those hours; 3) the rest rooms will be open to the public; 4) gas cans will be available on site for stranded motorists; and 5) a list of twenty-four hour -repair shops will be prominently posted. The motion was approved by a vote of 4-1-0, with Graham opposed. Selectmen's Minutes - 12/17/91 - Page 3 The Board went on to discuss at length whether the Common Vict- ualers license should be extended on a twenty-four hour per day basis. On motion by Hoyt, seconded by Ensminger, the Board voted to grant the Common Victualers license on a twenty-four hour per day basis, for a term expiring 12-31-92 , by a vote of 3-2-0, with Graham and Nigro opposed. The clerk read the notice of the hearing on Traffic Rules and Regulations - Skateboarding and the hearing was opened. Lieutenant Cloonan, representing the Police Department, indicated that the Board could use a disorderly persons violation for skateboarders, but felt it better to use a specific law because the disorderly person misdemeanor would be a serious charge on their record. George Hines felt that we should be teaching youngsters that with rights go responsibilities. Gail Wood felt that some youngsters use roller blades as a means of transporta- tion and the proposed policy would require them to take them off .in the Square area. On motion by Ensminger, seconded by Hoyt, the Board voted to close the hearing by a vote of 5-0-0. On motion by Ensminger, seconded by Hoyt, the Board voted to adopt amendments to the Traffic Rules and Regulations - Skateboarding except for the last paragraph. Hines moved and Ensminger seconded to amend paragraph 7a to indicate that prohibition shall be "during prevailing business hours. " The amendment was defeated by a vote of 1-4-0, with Hines in favor. On motion by Hines, seconded by Graham, an amendment was offered to prohibit skateboarding between 8 :00 AM and 6: 00 PM Monday through Friday and 8 : 00 AM and Noon on Saturday; and a further motion by Ensminger, seconded by Graham, to prohibit the skateboarding from 8: 00 AM to Noon on Sunday. The amendment of 8: 00 AM to Noon on Sunday was defeated by a vote of 2-3-0. The amendment on restricting hours Monday through Friday and Saturday was defeated by a vote of 1-4-0. The main motion was approved by a vote of 4-1-0, with Hines opposed. On motion by Ensminger, seconded by Hoyt, the Board voted to rescind IV. Section 6 of the Traffic Rules and Regulations by a vote of 5-0-0. Dr. Caselle was present and awarded a certificate of appreciation by the Board of Selectmen for his work on the Board of Health and other community activities. The Caselles will be leaving Reading to move to Andover. The Secretary read the legal notice on a policy establishing a Birch Meadow Area Traffic Task Force. The Town Manager reviewed the policy. Suggestions were made that the Town Planner and the Fire Department should be added to the Committee. There was also suggestions that we should add another member to the Committee to make an uneven number of residents. On motion by Ensminger, seconded by Hoyt, the Board voted to close the public hearing by Selectmen's Minutes - 12/17/91 - Page 4 a vote of 5-0-0. On motion by Hines, seconded by Hoyt, the Board voted to adopt the policy as written by a vote of 5-0-0. On mo- tion by Hines, seconded by Hoyt, Dan Ensminger was appointed to the Birch Meadow Traffic Task Force by a vote of 4-0-1, with Ensminger abstaining. The Town Manager introduced Frank Driscoll, Paul MacKinnon,. Ken Campbell and Phil Boisvert from the Reading Fire Fighters As- sociation. He' indicated that the contract between the Town and the Fire Fighters Association had been approved and requested the Selectmens' final approval of that contract. On motion by Hines, seconded by Hoyt, the Board voted to approve the agreement be- tween IAFF Local 1640 and the Town of Reading for a term from July 1, 1991 through June 30, 1993, and authorize the Chairman of the Board of Selectmen to sign on behalf of the Board of Selectmen. The motion was approved by a vote of 5-0-0. The Board of Selectmen extended their thanks to the Town Manager and to the Union and especially appreciated the Union's willingness to enter into this contract with no pay increases because of dif- ficult financial circumstances of the Town. The hearing on a policy establishing a Task Force to develop a Capital Improvement Advisory Committee was opened. The Secretary read the notice, and the Town Manager reviewed the draft. George Hines expressed concern about being able to complete their work by February 11, 1992 . On motion by Ensminger, seconded by Hines, the hearing was closed by a vote of 5-0-0. On motion by Hines, seconded by Hoyt, the Board voted to approve the policy as writ- ten with the addition that the time frame could be extended upon request by the Committee and approval by the Board of Selectmen. The motion was approved by a vote of 5-0-0. on motion by Hines, seconded by Ensminger, Russ Graham was appointed as a Selectmen representative to this Committee by a vote of 4-0-1, with Graham abstaining. The Board discussed budget priorities. The Town Manager dis- tributed a check list which the Board might find helpful in trying to establish priorities. George Hines was concerned that the establishment of priorities as outlined was not broad enough and would not be long-lasting. The Board of Selectmen will each complete their priority check list and get it back to the Town Manager by Friday. Barbara Philbrick indicated that the School Committee would continue to work with the Board of Selectmen through the Budget Committee on evaluating priorities of the School Department and the Town. The Town Manager reviewed the status of various licenses, and in- dicated that he would, unless the Board had any objections, issue the Common Victualers licenses, except for these licenses for the following reasons: 1. Anthony's Sub and Seafood, 76 Haven Street - past personal property taxes due 2 . Dandi-Lyon, 1331 Main Street - no application made Selectmen's Minutes - 12/17/91 - Page 5 3 . Domino's Pizza, 274 Main Street - past personal property I taxes due 4. Walter Arsenault d/b/a Harrow's Poultry Products Inc. , 126 Main Street - past personal property taxes due 5. John P. Bruno, Jr. d/b/a Ida's Stationhouse Restaurant, 32 Lincoln Street - past personal property taxes due 6. Main Street Deli, 587 Main Street - past personal property taxes due 7. Meadowbrook Country Club Snack Bar, 292 Grove Street . - no application made and past personal property taxes due 8. John A. Ouellette d/b/a Pewter Pot Muffin House, 580 Main Street - no application made 9. Town Pizza & Deli, 648 Main Street - past personal property taxes due 10. John R. Marzilli, White Hen Pantry, 212 Main Street -- past personal property taxes due The Board agreed to issue the Class I license to 128 Sales, Inc. , and not to reissue the Class II license for Reading Cycles, Inc. , 163 Main Street - real estate taxes from 1987 through 1992 and water and sewer fees in the amount of $50, 000. 00 due. The Board asked about Tom's Auto Body, and this business is no longer in existence. Class III Licenses JDC Towing, Inc. , 4 Minot Street - past personal property taxes due Laundromat License Bryant's Homestyle Laundries, Inc. , 47 High Street - past per- sonal property taxes due Entertainment Licenses Ida's Stationhouse Restaurant, 32 Lincoln Street - past personal property taxes due Peddlers' License 1. John P. Bruno, Jr. d/b/a Ida's Stationhouse Restaurant, 32 Lincoln Street - past personal property taxes due 2 . George R. Sculley d/b/a Hot Chocolate, 32 Louanis Drive - no application made All Amusement Licenses will be reissued. Selectmen's Minutes - 12/17/91 - Page 6 On motion by Ensminger, seconded by Graham, the Board voted to go into Executive Session to discuss labor relations and litigation and not to come into open session. The motion was approved with all members voting in the affirmative, and the meeting was ad- journed at 11:51 p.m. Resp ctfully submitted, Secret y POLICY AMENDING TRAFFIC RULES & REGULATIONS REGARDING SKATEBOARDING Amend ARTICLE I - "DEFINITIONS" of the Traffic Rules and Regulations by adding the following definitions: Business District. That portion of the Town of Reading which is bordered by and includes the following streets and public parking lots, sidewalks, and platforms in the Business B Zone as shown on the Map entitled "Zoning Map, November 198611 : Main Street, Washington Street, Ash Street, Bolton Street, -' Goodall-Sanford Road, High Street, Green Street, Gould Street, Haven Street, Brande Court, Chute Street, Pleasant Street, Chapin Avenue, Harnden Street, Union Street, Woburn Street, and Lincoln Street. Skateboard. A single platform mounted on wheels, which is propelled solely by human power and which has no mechanism or other device with which to steer or control the movement or direction of the platform. The Use of a skateboard is referred to as skateboarding. Roller Skate. Any foot wear that is mounted on a single or double row of wheels, which is propelled solely by human power and which has no mechanism or other device with which to steer or to control the movement or direction of the foot wear. The use of roller skates is referred to as roller skating. f Amend ARTICLE IV - "MISCELLANEOUS PROVISIONS" of the Traffic Rules and Regulations by adding the following as Section 7: Section 7 . RESTRICTIONS ON SKATEBOARDING and ROLLER SKATING (a) Skateboarding and roller skating shall be prohibited upon any sidewalk, street, or public parking area which is lo- cated in the area defined as the business district in these Rules and Regulations. For purposes of this section all sidewalks and platforms in the Depot area within the Business District related to the rail station shall be considered sidewalks. (b) Official traffic signs may be erected where skateboard- ing and roller skating are prohibited. (c) Skateboard operators and people wearing roller skates while crossing a street or on sidewalks shall yield the right of way to all other pedestrian traffic. (d) Skateboard operators and people wearing roller skates while crossing a street or on a sidewalk shall be granted all of the rights and shall be subject to all of the duties applicable to pedestrians. -- Section 6 of ARTICLE IV - "MISCELLANEOUS PROVISIONS" of the Traffic Rules and Regulations, is hereby rescinded.